The Commissioner has no power or authority to issue proceedings absorbing an employee in a Devasthanam, as the power of appointment of employees is vested with the Executive Officer under Sec. 35 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

JUDGMENT

1. The issue involved in the present Writ Petition is about the competency of the 2nd respondent-Commissioner in issuing proceedings dtd. 8/1/2021 for absorbing the petitioner herein as Editor of "Sri Kanaka Durga Prabha', a religious monthly magazine (hereinafter referred to as magazine) published by the 3rd respondent-Sri Durga Malleswara Swamy Varla Devasthanam, in a newly sanctioned post and non-implementation of the same by the Executive Officer of the 3rd respondent-Devasthanam.

2. The facts of the petitioner's case as per the pleadings may briefly be stated thus: The petitioner is a Post Graduate in Telugu from Acharya Nagarjuna University. He secured a Master Degree in Communication in Journalism from Potti Sriramulu Telugu University and did M.A., (Sanskrit) from the same University. He was awarded Doctorate (Ph.D.,) in Social Work by Acharya Nagarjuna University. He obtained P.G.D.C.A., in Human Resource Management from Andhra Pradesh Productivity Council. He had also passed the required Account Test for Sub-ordinate Officers Part-I (08), Account Test for Executive Officer (141), Endowment Department Test (103, 126) conducted by Andhra Pradesh Public Service Commission.

3. The petitioner was initially appointed as regular incharge of "Sri Kanaka Durga Prabha" in the year 2003, on consolidated pay. He worked as Assistant Public Relations Officer from 2004 to 2007. Later he worked as Sub-Editor of the said magazine from the year 2009 and in the year 2014 he was asked to discharge the duties of Editor vide Proceedings dtd. 14/2/2014 issued by the 3rd respondent.

4. The petitioner filed Writ Petition No.16269 of 2014 seeking a direction to the authorities for sanction of the post of Editor and the same was disposed of by an Order dtd. 1/8/2014. He also filed Writ Petition No.20584 of 2017 seeking Time Scale from the date of his appointment as Editor from the year 2014 and an interim direction was issued to consider his representation. However, Time Scale was not paid on the premise that there is no sanctioned post. The petitioner filed another Writ Petition No.581 of 2019 seeking a direction to the 2nd respondent to sanction the post of Editor and the same was also disposed of by an Order dtd. 25/1/2019. Thereafter, the petitioner filed Writ Petition No.9165 of 2019 challenging the proceedings dtd. 11/7/2019 issued by the 3 rd respondent-Devasthanam when his services were sought to be dispensed w.e.f. 17/7/2019 onwards. In the said Writ Petition, an interim direction was issued to the 2nd respondent to take action on the representation of the petitioner. Thereafter, the petitioner was taken back into service as an Editor pursuant to the proceedings dtd. 18/10/2019 issued by the 3 rd respondent-Devasthanam, on contract basis, subject to final orders in W.P.No.9165 of 2019.

5. Subsequently, the 2nd respondent issued proceedings in Memo dtd. 8/1/2021, inter alia, sanctioning one post of Editor in the cadre of Assistant Executive Officer and prescribed the qualifications for the said post as per G.O.Ms.No.1060 dtd. 24/10/1989. The 2nd respondent on the same day, by a separate Memo issued proceedings absorbing the petitioner in the newly sanctioned post of Editor and directed the Executive Officer of the 3rd respondent to take further necessary action in the matter. However no action was taken by the 3rd respondent-Executive Officer. Hence, the present Writ Petition.

6. Heard Mr.K.S.Murthy, learned counsel for the petitioner, Smt.P.Rajani Reddy, learned Government Pleader appearing for the respondent Nos.1 and 2 and also heard Mr.K.Madhava Reddy, learned counsel for the 3rd respondent.

Contentions:

7. The learned counsel for the petitioner, inter alia, contended that the petitioner is qualified to the post of Editor, which is in the cadre of Assistant Executive Officer and functioned as the Editor of magazine, pursuant to the proceedings dtd. 14/2/2014 issued by the Executive Officer of the 3rd respondent-Devasthanam,